Neal Swanson - Page 2

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                    Held:  We have jurisdiction in this levy                          
               proceeding to determine whether P’s unpaid liabilities                 
               were discharged in bankruptcy.  Washington v.                          
               Commissioner, 120 T.C. 114 (2003), followed.                           
                    Held, further:  P’s unpaid liabilities were not                   
               discharged in the ch. 7 bankruptcy proceeding.  Under                  
               11 U.S.C. sec. 523(a)(1)(B) (2000), if a required                      
               return is not filed, then the tax debt is generally                    
               excepted from discharge.  P did not file Federal income                
               tax returns, and the SFRs prepared by R in this case do                
               not constitute “returns” within the meaning of sec.                    
               523(a)(1)(B) of the Bankruptcy Code.  Additionally, R                  
               is not enjoined from collecting the unpaid liabilities                 
               because the liabilities were excepted from discharge                   
               and the bankruptcy court did not make an express                       
               determination that the liabilities were discharged.                    
               Finally, a default judgment has not occurred because                   
               the debt at issue is not of a kind that required R to                  
               file a complaint in the bankruptcy court.  Therefore,                  
               the determination to proceed with collection by levy is                
               sustained.                                                             
               Neal Swanson, pro se.                                                  
               Ann S. O’Blenes, for respondent.                                       


                                       OPINION                                        

               GOEKE, Judge:  The petition in this case was filed in                  
          response to a Notice of Determination Concerning Collection                 
          Action(s) Under Section 6320 and/or 6330 (the notice of                     
          determination).  The substantive issue presented is whether the             
          unpaid liabilities that are the subject of the collection action            
          were discharged in petitioner’s chapter 7 bankruptcy proceeding.            
          However, before we can reach this issue, we must first address              
          whether we have jurisdiction to decide the issue and whether                






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